Page:United States Statutes at Large Volume 70A.djvu/89

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31 this title is entitled to an amount computed by multiplying the number of years and fractions of a year of his unexpired period of service under the agreement by the sum of one month's basic pay, special pay, and allowances to which he is entitled on the day of his release. The amount to which a member is entitled under this subsection is in addition to any pay and allowances to which he is otherwise entitled. For the purposes of this subsection, a fraction of a month of 15 days or more is counted as a whole month, and a fraction of a month of less than 15 days is disregarded. This subsection does not apply to a member if he is— (1) released for a reason described in subsection (a)(2) (A)-(C); (2) released because of a physical disability resulting from his intentional misconduct or wilful neglect; (3) eligible for retired pay or severance pay under another provision of law; (4) placed on a temporary disability retired list; or (5) released to accept an appointment, or to be enlisted, in a regular component of an armed force. § 681. Reserves: release from active duty (a) Except as otherwise provided in this title, the Secretary concerned may at any time release a Reserve under his jurisdiction from active duty. (b) I n time of war or of national emergency declared by Congress or the President after January 1, 1953, a member of a reserve component may be released from active duty (other than for training) only if— (1) a board of officers convened at his request by an authority designated by the Secretary concerned recommends the release and the recommendation is approved; (2) the member does not request that a board be convened; or (3) his release is otherwise authorized by law. This subsection does not apply to an armed force during a period of demobilization or reduction in strength of that armed force. § 682. Reserves: kinds of duty Notwithstanding any other provision of law, a member component who is on active duty other than for training regulations prescribed by the Secretary concerned, be assigned to any duty authorized by law for members of component of the armed force concerned.

of a reserve may, under detailed or the regular

§ 683. Reserves: duty with or without pay (a) Subject to other provisions of this title, any Reserve may be ordered to active duty or other duty— (1) with the pay and allowances provided by law; or (2) with his consent, without pay. Duty without pay shall be considered for all purposes as if it were duty with pay. (b) A Reserve who is kept on active duty after his term of service expires is entitled to pay and allowances while on that duty, except as they may be forfeited under the approved sentence of a court-martial